16 U.S.C. § 777e–1: New England Fishery…

Summary

Creates programs to restore and protect important fish and river habitats in New England. The Director of the U.S. Fish and Wildlife Service, working with the NOAA Fisheries Assistant Administrator, must make and carry out basin-wide restoration plans (in cooperation with states and local groups) for nationally important, cross-state fish resources in rivers such as the Connecticut, Merrimack, Saco, Kennebec, Penobscot, and others. Those plans must be set out in memoranda of agreement and the Director must send an annual report to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works with progress and a recovery outlook for each stock. The Director must also study fish-passage barriers caused by dams not licensed by the Federal Energy Regulatory Commission and other human-made obstructions, identify fixes and costs, notify the public, and submit a report within three years of November 16, 1990. The Director must inventory river basin natural values and spots needing protection or public access, work with states and locals and get public comment, and report within two years of November 16, 1990. Funding authorized: $5,000,000 per year for fiscal years 1991–1995 for restoration (excluding fish-passage design/construction), $500,000 per year for fiscal years 1991–1993 for the study, and $500,000 for the inventory.

Title 16, §777e–1

Conservation, Source: USLM XML via OLRC

(a)Short title

This section may be cited as the “New England Fishery Resources Restoration Act of 1990”.

(b)Purposes

The purposes of this section are to—

(1)ensure timely and effective implementation of restoration plans and programs for Atlantic salmon and other fishery resources of selected river systems in New England;

(2)complete a study of fish passage impediments and requirements on small streams and rivers in New England; and

(3)develop an inventory of important fish and wildlife habitat and other natural areas of river basins in New England.

(c)Implementation of fishery resource restoration plans

The Director of the United States Fish and Wildlife Service, hereinafter referred to as the Director, in consultation with the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration shall formulate, establish and implement programs to restore and maintain nationally significant, interjurisdictional fishery resources originating in New England river systems, including the Connecticut, Thames, Pawcatuck, Merrimack, Saco, Androscoggin, Kennebec, Sheepscot, Duck Trap, St. George, Penobscot, Union, Narraguagus, Pleasant, Machias, Dennys, St. Croix, Meduxnekeag and Aroostock and their tributaries. These programs shall be in accordance with the schedule and responsibilities established in comprehensive basin-wide restoration plans prepared by the Director in cooperation with State, local, and other entities involved and interested in the conservation and management of the affected fishery resources. Preparation and periodic revision of restoration plans, and their implementation, shall be based on a Memorandum of Agreement for each restoration program which shall be entered into by the Director and cooperating entities. The Director shall prepare and submit to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works an annual report documenting activities undertaken and accomplishments achieved in fulfillment of this section, including an assessment of the prognosis for restoration of each of the stocks and species involved.

(d)Fish passage study

The Director shall conduct a study to identify impediments to upstream and downstream passage of fish in rivers and streams in the New England States due to dams that are not licensed by the Federal Energy Regulatory Commission or other human-caused obstructions. In addition, the study shall identify actions needed to alleviate those impediments where desirable and feasible. The study shall include, but not be limited to, identifying—

(1)all dams not licensed by the Federal Energy Regulatory Commission and other human-caused obstructions on New England rivers and streams where construction of upstream or downstream fish passage facilities or their removal would benefit fishery resources, including an estimate of the degree of benefits expected; and

(2)the proposed nature and size and estimated cost of appropriate fish passage facilities or other actions determined to be necessary and feasible or each dam or other obstruction identified in response to paragraph (1).

The Director shall provide notice to the public of the extent and nature of the study by publication of such information in major newspapers in the region and by other appropriate means. Within three years of November 16, 1990, the Director shall submit a report containing the findings, conclusions and recommendations of the study to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works.

(e)New England rivers fish and wildlife inventory

The Director shall inventory the natural values of river basins in New England, including the Connecticut, Pawcatuck, Acushnet, North and South (in Plymouth County, Massachusetts), Charles, Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St. Croix, and Aroostock Rivers and their tributaries, and identify fish and wildlife habitat in most need of protection or where public access to the rivers should be provided. In addition, the Director shall, in cooperation with appropriate State agencies and local governments and after providing notice and opportunity for public comment, identify appropriate public or private measures for providing the necessary protection or access for each area included in the inventory. Within two years of November 16, 1990, the Director shall submit a report containing the findings, conclusions, and recommendations of the inventory and assessment to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works.

(f)Authorization of appropriations

There are authorized to be appropriated to the Director— (1)

(2)$500,000 per year for fiscal years 1991, 1992, and 1993 to conduct the study required under subsection (d); and

(3)$500,000 to conduct the inventory and assessment required under section (e).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This section, referred to in subsec. (b), was in the original “this Act”, which probably was intended as a reference to New England Fishery Resources Restoration Act of 1990, section 111 of Pub. L. 101–593, title I, Nov. 16, 1990, 104 Stat. 2960, which is classified generally to this section. Codification Section was enacted as the New England Fishery Resources Restoration Act of 1990, and not as part of the Fish Restoration and Management Projects Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Abolition of House Committee on Merchant Marine and Fisheries Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§777e–1 New England Fishery Resources Restoration Act of 1990